Q&A: Dismissals
Question:
Do I have any legal recourse because of my attorney’s lack of representation? I traveled to another part of the state I live in, Arizona, to sigh my plea bargain and turn myself in the other day. I was 20 minutes late in getting there and was told that the prosecuter did not show up and I was to come back in 30 days, a rescheduling. I was also told that because the prosecuter dodn’t show up that my attorney could have moved for a dismissal but didn’t. Is this true? If so, do I have any recourse because of my attorney’s lack of action? Thank you, Gary.
Answer:
A dismissal would be very unlikely under these circumstances. Furthermore, since you were late, it is possible that the prosecutor was present but could not wait and therefore the case was reset. This type of thing does happen. Thankfully, a warrant was not issued for your arrest. I wouldn’t waste your time with a bar complaint against either attorney. Ultimately, it’s your duty to arrive at the scheduled time.
Verdura Law Group PLLC
http://verduralaw.com
602-421-0515
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Phoenix criminal defense attorney
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